Modernizing Russian Foreign Policy

The author argues that Russian foreign policy should focus not on enhancing Russia's status as a great power but on tapping external resources to facilitate the country's modernization. This means relying on instruments of "soft power" and seeking to integrate with the European Union (EU). It also means promoting a new vision of European security in place of the remnants of the cold war.     

Reforming Europe's Common Foreign and Security Policy

Abstract: The reform of the constitutional foundations of Europe's Common Foreign and Security Policy (CFSP) featured prominently on the agenda of the European Convention. To the great surprise of many observers the much lamented absence of a common European response to the war in Iraq did not prevent the Convention from agreeing upon an ambitious reform package in the foreign‐policy field. This article explores the legal implications of the new institutional balance for European foreign policy envisaged by the Convention against the background of the achievements and deficiencies of Europe's existing foreign policy regime. Thereby, we shall see in how far the Convention has met the original goal set by the Laeken European Council to consider reform steps to strengthen the Union's ability to ‘shoulder its responsibilities in the governance of globalisation.’ 1     

China in Russia's Foreign Policy Strategy

China has traditionally occupied as important a place in Russia's foreign policy strategy as Russia has in China's foreign policy strategy. The bitter polemics over Russia's national-state interests and, accordingly, various statements by Russian leaders and political figures make studies in this area especially timely today. Some speak of a strategic or pragmatic partnership with the West, others mention simultaneously having a constructive partnership with China or even one opposed to the West.     

Constitutional Rights, Balancing, and Rationality

Abstract.   The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative power. The second is that balancing takes one out of the realm of right and wrong, correctness and incorrectness, and justification, and, thus, out of the realm of the law. The article attempts to counter these objections by showing that there exists a rational structure of balancing that can be made explicit by a "Law of Balancing" and a "Disproportionality Rule." These rules show, first, that balancing is not a danger for rights but, on the contrary, a necessary means of lending them protection, and second, that balancing is not an alternative to argumentation but an indispensable form of rational practical discourse.     

越南外国投资优惠法律政策研究

越南是我国企业进军东盟的必由之路.自越南改革开放以来,越南的外商投资的法律不断得以完善,投资程序日趋简化,投资环境日益宽松,投资优惠政策也增多.外资在越南投资前景广阔.     

Law, Morality, Coherence and Truth

Abstract . The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness because we cannot affirm that a norm or value statement is true or false. The three criteria become interrelated indices of correctness: They are criteria for rational discourse.     

我国外国籍罪犯管理方针与政策探讨

一、我国外国籍罪犯规模的日益扩大及其监管现状近些年来，随着全球化浪潮席卷世界各国以及交通方式的革新，国家与国家之间的往来越来越密切，外国籍罪犯数量在世界多数国家呈现出较快增长的趋势。例如，英国监狱中的外国籍罪犯，在过去的4年中增加了一倍，     

道德,道德教育及其受用性

道德有许多功能,也就是说有许多“用”。它可以利他与自利。除此以外,它本身对它的主体也生出一种“用”,这种用不是外在的利益,而是一种感受,是一种“受用”。这种受用是乐。道德具有乐之受用,这是儒学中的基本观念。教育具有乐之受用亦是儒学基本观念。道德有乐之受用,教育亦有乐之受用。二合而为一,道德教育本身之乐趣,便益发彰显。     

柬埔寨外国投资法律政策研究

柬埔寨是东盟比较落后的国家。近年来,柬埔寨已经意识到引进外资对落后国家经济发展的重要性,制定和完善了一批外国投资法律。目前,外国在柬埔寨投资的法律政策环境已经有很大改善,有较为系统的投资法律体系。外资在柬埔寨的优惠政策日益增多,投资手续日趋简化,保障措施和鼓励政策也不断优化,外国投资的纠纷解决机制也不断完善。外国在柬埔寨投资前景广阔。     

论我国外资银行政策和立法的调整与完善

加入世贸组织 ,必然对我国金融服务业带来巨大的挑战 ,同时我国外资银行政策与立法亦应作出调整与完善。本文通过对我国外资银行政策和立法现状的探讨 ,分析了我国外资银行政策和存在的主要问题 ,并针对这些问题提出了完善我国外资银行政策和立法的主要措施。     

Michael Moore on Torture,Morality, and Law

During the past few decades, Michael Moore has written incisively on an array of matters concerning the relationships between law and morality. While reflecting on those relationships, he has plumbed the nature of morality itself in impressive depth. Among the topics which he has addressed, the problem of torture has been prominent and controversial. It is a problem, moreover, that has led to some of his most searching enquiries into the character of moral obligations. In the present essay I take issue not only with many of Moore's conclusions about torture, but also with some of his more far‐reaching claims about the domain of morality.     

Collective Reason,the Rationality Gap,and Political Leadership

The article discusses the implications of the well‐known discursive dilemma. The dilemma arises whenever a reasoned decision has to be taken by a collective decision‐maker and generates persistent contradiction between what is defined as collective reason and public opinion. Following Philip Pettit, I argue that collective reason is normatively preferable and that the role of existing constitutional institutions in contemporary democracies is to collectivise reason. However, this makes the frustration of popular will a systematic by‐product of any well‐functioning political process. I argue that the only way out is if individual beliefs are subject to revision during cycles of public deliberations with the responsibility to lead this thrusted upon elected representatives.     

Justice,Morality, and the Dehumanization of Refugees

Three studies were conducted to test the role of the dehumanization of refugees (through claims that they are immoral) in determining emotional reactions to refugees, attitudes toward refugees, and attitudes toward current refugee policy in Canada. We also examined determinants of such perceptions. In Studies 1 and 2, correlational analyses and structural equation modeling were utilized. In both studies, it was demonstrated that individuals who are higher in social dominance orientation are especially likely to dehumanize refugees, and this dehumanization leads to greater contempt and lack of admiration for refugees, resulting in less favorable attitudes toward the group and toward the nation’s current refugee policy. Study 3 was an experiment in which we examined the effects of information presented about refugees on emotions and attitudes. Results demonstrated that dehumanizing media depictions of refugees as violating appropriate procedures and trying to cheat the system cause greater contempt and lack of admiration for refugees in general, which in turn lead to less favorable attitudes toward the group and less support for the current refugee policy. Results are discussed in terms of the functions that dehumanization may serve, and potential strategies for counteracting such effects. Preparation of this article was supported by a Social Sciences and Humanities Research Council of Canada grant to the first author. Portions of this research were presented at the 2005 EAESP Small Group Meeting on Social Justice and Intergroup Conflict, Lisbon, Portugal, and at the 2005 Meeting of the European Association of Experimental Social Psychology, Wurzburg, Germany     

论法律与理性

理性作为非权力话语 ,是法律人自我理解的前提 ,而自我理解又是法律人自我存在的依据。法的规律性认识可以通过运用人的本能的理性来获得 ,理性已不单是一个人的理性能力问题 ,而涉及主体相互间的语言沟通、交涉与理解的架构。我们对法的理性的理解 ,通常是从认知理性与道德或实践理性两种意义上来认识与讨论的。人们对法与理性的认识不是被动意义上的认识 ,而是一种解放性、扬弃性的认识。所以 ,法的理性还是一种批判能力。法的信仰不能超越理性。信仰一旦超越理性、为信仰服务 ,则将导致理性丧失生命。如果我们不能正视或无力回应当前理性所面临的各种各样的问题 ,那么 ,我们就无法切实地为我国法治建设提供充分而有效的理论支持。     

Morality, Identity and "Constitutional Patriotism"

In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal-minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on "constitutional patriotism," a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a certain regulative political ideal for which the constitution stands.